JICL
Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H

Perkembangan Hukum Keluarga Islam Di Asia Selatan: Studi Komparatif Di Negara Pakistan, India, Dan Bangladesh: The Development of Islamic Family Law in South Asia: A Comparative Study of Pakistan, India and Bangladesh

Muhammad Iqbal Hanafi Nasution (UIN Sumatera Utara)
Juni Arnisa Napitupulu (UIN Sumatera Utara)
Uswatun Hasanah (UIN Sumatera Utara)
Ibnu Radwan Siddik Turnip (UIN Sumatera Utara)
Rahmad Efendi (UIN Sumatera Utara)



Article Info

Publish Date
23 Apr 2026

Abstract

This study aims to analyze the development of Islamic family law in South Asia, particularly in Pakistan, India, and Bangladesh, through a normative review of the main regulations that shape the family law system in the region. The study focuses on the influence of colonial heritage, national legal politics, and patterns of Sharia interpretation on the direction of Islamic family law reform. The method used is normative jurisprudence with a statute approach, through an examination of regulations such as the Muslim Personal Law (Sharia) Application Act 1937, the Muslim Family Laws Ordinance 1961, and the Muslim Marriages and Divorces (Registration) Act 1974. The data was analyzed qualitatively to identify differences in normative configurations between countries. The results of the study show that although the three countries have similar fiqh roots, the approach to Islamic family law legislation has developed differently. Pakistan stands out with administrative reforms that strengthen the role of the state, Bangladesh combines formal regulations with community mediation mechanisms, while India maintains a personal law system with limited state intervention. This study concludes that the effectiveness of Islamic family law in South Asia depends on the synergy between state codification and community authorities oriented towards substantive justice and social welfare.

Copyrights © 2026






Journal Info

Abbrev

jicl

Publisher

Subject

Description

Journal of Indonesian Comparative of Syariah Law JICL specializes in the study of legal comparison or legal thought which contains scientific works related to thoughts in the field of positif law, customary law, and Islamic ...